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State Regulation of Nonpublic Schools: Does the Tie Still Bind?

97 Pages Posted: 15 Jan 2012  

Eric A. DeGroff

Regent University - School of Law

Date Written: 2003


This article addresses the issue of "school choice" and, through surveys of state departments of education, evaluates the degree of parental choice actually available in the Nation's private schools. By means of a longitudinal study, the author compares the level of state regulation over private schools from state to state and discusses trends observable over a 15-year period.

The article provides a brief overview of constitutional issues raised by state regulation, presents a synopsis of existing regulatory schemes, and discusses some of the reasons for, and concerns raised by, various types of public control. The article concludes that limited state oversight of private education is clearly constitutional, but that most states do not regulate such schools as stringently as they legally could, and that there is a growing trend among the states toward substantial deregulation.

Keywords: Parental rights, school choice, private schools, state regulation

JEL Classification: I28, K19

Suggested Citation

DeGroff, Eric A., State Regulation of Nonpublic Schools: Does the Tie Still Bind? (2003). Brigham Young University Education and Law Journal, Vol. 2003, No. 2, p. 363, 2003. Available at SSRN:

Eric A. DeGroff (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

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